GHANA
Since December 2003, last amended in May 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ghana Public Procurement Act, 2003 (Act 663) as Amended with Act 914
According to Art. 59 of the Ghana Public Procurement Act, certain aspects such as technology transfer, countertrade arrangements, and inclusion of local content may be considered when awarding tenders.
Coverage Horizontal
GHANA
Since December 2003, last amended in May 2016
Since December 2006
Since December 2006
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ghana Public Procurement Act, 2003 (Act 663) as Amended with Act 914
Guidelines for Margins of Preference
Guidelines for Margins of Preference
The Public Procurement Act seeks to increase the competitiveness of domestic businesses by the application of a margin of preference. In accordance with Section 60 (3), the Public Procurement Board is required to issue guidelines for implementing margins of preference for domestic contractors and suppliers of goods, works and services. The Guidelines that apply to current tenders open to international competitive bidding give a margin of price preference of 7.5% to 20% to domestic suppliers of goods and services.
Coverage Horizontal
Sources
- https://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://ppa.gov.gh/wp-content/uploads/2019/01/Margin-of-Preference.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.lexology.com/library/detail.aspx?g=15c4666d-7638-477e-83dc-28a12755fdcf
- https://www.cqlegal.net/government-contracts-in-ghana-opportunity-for-foreign-companies/
- Show more...
GHANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.99%
Coverage rate of zero-tariffs on ICT goods (%)
7.02%
Coverage: Digital goods
GAMBIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Gambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GAMBIA
Since December 2013
Since October 2013
Since October 2013
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
The Gambia Single Window Business Registration Act, 2013
The Gambia Companies Act, 2013
The Gambia Companies Act, 2013
The Gambian Companies Act 2013 and the Gambian Single Window Business Registration Act 2013 require all companies to register with the Companies Registry. It is reported that, in practice, the Gambian Companies Registry requires that a foreign director who is not resident in the Gambia appoints an agent to represent him/her in The Gambia. In addition, Section 13 of the Gambia Single Window Business Registration Act 2013 require all directors to register their personal details with the Business Registry.
Coverage Horizontal
GAMBIA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GAMBIA
N/A
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
The Gambian Standards Bureau Published Standards
The Gambian standards generally require local testing for electrical products for certification. Audio and video products such as TVs and LCD panels and similar apparatus marketed in The Gambia are required to be tested locally. Audio and video products are certified only after conformity assessments have been carried out by The Gambia Standards Bureau (TGSB). Therefore, self certification by foreign business is not allowed.
Coverage Audio and video products
GAMBIA
N/A
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
The Gambian Standards Bureau Published Standards
The Gambian laws do not allow for self-certification for telecommunications, radio and wireless equipment. Foreign imports and domestic goods are required to get certification (Gambian marking) after testing, for the Gambian Standards Bureau (TGSB). This ensures compliance with the published national standards on electro-technical which follow ISO/ IEC specifications. However, test certificates from foreign laboratories are accepted by the TGSB for accreditation due to the limitations of local testing laboratories.
Coverage Telecommunications, radio and wireless equipment
GAMBIA
Since November 2011
Pillar Intermediary liability |
Sub-pillar User identity requirement
The Gambian SIM Card Registration Regulations 2011
The Gambia has a law requiring user identity and monitoring of the digital space and content through the Gambia SIM Card Registration Regulations 2011. In 2019, the national regulator (Public Utilities Regulatory Authority) fined the country's largest mobile operator, Africell, for breaching the law by selling point-of-sale activated SIM cards to customers without registering their identity details.
Coverage Telecommunications sector
GAMBIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Gambia's law and jurisprudence.
Coverage Internet intermediaries
GAMBIA
Since January 2009, entry into force in May 2009
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
The Gambia Information and Communication Act, 2009
The Information and Communication Act 2009 empowers the Public Utilities Regulatory Authority (the public authority that supervises ICT in the Gambia) when exercising its powers relating to frequency monitoring to intrude, monitor, intercept and store data communication for surveillance purposes without judicial oversight. (Section 138 ICA 2009). This means that government surveillance can be conducted without court orders. Moreover, it is reported that investigative authorities need only cite suspicious activity to request technology companies to monitor the communications of users.
In December 2019, the Attorney General and Minister of Justice introduced amendments to the Information and Communications Act 2009 to provide judicial oversight/monitoring for government surveillance, but The Gambian parliament rejected the amendments.
In December 2019, the Attorney General and Minister of Justice introduced amendments to the Information and Communications Act 2009 to provide judicial oversight/monitoring for government surveillance, but The Gambian parliament rejected the amendments.
Coverage Information and communications systems, apparatuses and services
GAMBIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Gambia's law and jurisprudence.
Coverage Internet intermediaries
GAMBIA
Since May 2009
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
The Gambia Information and Communication Act 2009
Section 141 (8) of the Information and Communications Act stipulates that information and communications service providers shall retain subscriber data for compliance with the disclosure requirements set out in subsection. In particular, they have to retain:
- the telephone number or other identifier of the subscriber terminal for three years from the date when the contract is terminated; and
- general subscriber data for three years.
In Section 2, information and communications services means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks.
On the other hand, Section 181(1) of the Act requires that certain documents, records, or information be retained in the form of electronic records for accessibility that enables the identification and origin of electronic records. The documents that are retained are automated and transaction electronic documents, records and information (Section 176) either in its original form or an unaltered copy. There is no specified timeframe for the retention of electronic records.
- the telephone number or other identifier of the subscriber terminal for three years from the date when the contract is terminated; and
- general subscriber data for three years.
In Section 2, information and communications services means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks.
On the other hand, Section 181(1) of the Act requires that certain documents, records, or information be retained in the form of electronic records for accessibility that enables the identification and origin of electronic records. The documents that are retained are automated and transaction electronic documents, records and information (Section 176) either in its original form or an unaltered copy. There is no specified timeframe for the retention of electronic records.
Coverage Information and communications systems, apparatuses and services
GAMBIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Gambia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
GAMBIA
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive regime on data protection
The Gambia does not have a general data protection legislation. However, certain data protection requirements can be found in the Gambian Information and Communications Act 2009, and the Gambia Draft Data Protection and Privacy Policy 2019. The latter has no force of law, therefore it is not legally binding. It is only a policy document on data transfer and privacy.
Coverage Telecommunications sector